Why an LPA matters
more than a Will
while you're alive

A Will only works after death

A Will is an essential document. It determines who inherits your estate, who administers it, who looks after your children, and dozens of other consequential decisions. But it has one absolute limitation: it does nothing until you die.

If you are in an accident. If you suffer a stroke. If dementia gradually erodes your ability to manage your own affairs. In any of these scenarios - while you are still alive - your Will is irrelevant. The question is not who inherits. The question is who can act on your behalf right now, today, while you cannot.

Without a Lasting Power of Attorney in place, the answer is: nobody. Not your spouse. Not your adult children. Not your closest friend. Unless they have been formally appointed as your attorney, they have no legal authority to manage your finances, access your accounts, sell your property, or make decisions about your care.

The two types of LPA

There are two distinct Lasting Powers of Attorney, and they cover entirely different aspects of your life. Most people benefit from having both.

What losing capacity without an LPA actually looks like

The practical consequences of losing mental capacity without a registered LPA are severe and often deeply distressing for families.

Bank accounts become inaccessible. A spouse cannot pay household bills from a jointly-held account if it is in the other person's sole name. Direct debits fail. Mortgage payments stop. Utility providers cannot discuss the account. Benefits and pension payments accumulate in an account nobody can touch.

If the family wants to do things properly, they must apply to the Court of Protection for a Deputyship Order. This can take many months, costs significantly more than making an LPA in advance, and involves ongoing court supervision.

Why younger people need LPAs too

There is a widespread assumption that LPAs are something to think about in later life - a document for people approaching retirement, not for people in their thirties or forties. This assumption is wrong, and it leads younger adults to leave themselves dangerously unprotected.

Accidents, serious illness and sudden medical events do not check your age first. A road accident, a brain tumour, a severe stroke - these can affect anyone at any time. A thirty-five-year-old with a young family and a mortgage is arguably more exposed to the consequences of lost capacity than a retired person with fewer dependants and simpler finances.

The cost and effort of making an LPA is modest. The cost of not having one - if you ever need it - is not.

The OPG registration requirement

An LPA is not valid until it has been registered with the Office of the Public Guardian (OPG). The document must be signed in the correct order, witnessed correctly, and certified before it can be submitted for registration. At the time of writing, GOV.UK says registration takes around 8 to 10 weeks if there are no mistakes, though delays can occur if forms are completed incorrectly or demand is high.

This means that an LPA cannot be arranged in a hurry. By the time someone has lost capacity and the family realises nothing is in place, it is too late - the OPG will not register an LPA made by someone who no longer has mental capacity to make one. The document must be created and registered while you have capacity to do so.

The time to make an LPA is now, when you do not need it, not later when you might.

How the LPA and Will work together

A Will and an LPA address different phases of life. The LPA protects you while you are alive but unable to manage your own affairs. The Will takes over the moment you die and determines what happens to your estate. Neither document does the job of the other.

Together, they form the foundation of any coherent estate plan. One without the other leaves a significant gap. Both together mean that whatever happens - loss of capacity or death - your family has the legal authority to act, and your wishes are on record.

Choosing your attorneys carefully

An attorney under an LPA has significant power - potentially over your entire financial life and every decision about your care. Choosing the right person matters enormously.

• Trust absolutely. Your attorney will have access to your accounts and the authority to make decisions on your behalf. They must be someone whose integrity is beyond question.
• Consider practicality. Can they actually do the job? Someone who lives overseas or has serious health problems of their own may not be the most practical choice, however much you trust them.
• Appoint a replacement. You can name a replacement attorney who steps in if your first choice is unable or unwilling to act. This matters more than most people realise - circumstances change.
• Consider appointing more than one. You can appoint attorneys to act jointly (both must agree on every decision) or jointly and severally (each can act independently). The right structure depends on your circumstances and your attorneys' relationship with each other.

The choice of attorney deserves as much thought as the choice of executor or guardian. It is not a formality.